Proposition 65

Wozniak v. The Music Link Corporation

Submitted by chirst on November 6, 2014
Date: 
October 21, 2014
Industry Categories: 
Furniture, Home Decorative, and Household Products
Featured: 
No

Citizen enforcer Paul Wozniak and settling party The Music Link Corporation (“Music Link”) entered into an out-of-court Settlement Agreement on October 21, 2014, which resolved Wozniak’s allegations that Music Link sold both drum stools with vinyl/PVC upholstery containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and heavy metal lead and instrument bags containing lead in the State of California without providing the requisite health hazard warnings.

Case PDF: 
application/pdf iconmusiclink_ros.pdf
Plaintiff: 
Paul Wozniak
Defendant: 
The Music Link Corporation
Type: 
Out-of-Court Settlement Agreement
Relief: 
Reformulation, Warnings
Monetary: 
$30,000-$39,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
Cross-Post On: 
None

Wozniak Settles With Eze-Lap Diamond Products Re: Lead in Diamond Sharpeners

Submitted by mma on November 3, 2014
November 3, 2014
Image: 

Client Paul Wozniak has negotiated a settlement with Eze-Lap Diamond Products in regards to allegations that the company sold diamond sharpeners in California that contained the toxic heavy metal lead.  Proposition 65 requires companies selling products in California that contain lead to provide consumers with a health hazard warning stating that the product may expose them to a chemical that causes cancer and/or reproductive harm.

Eze-Lap has agreed to reformulate their diamond sharpeners to be virtually free of lead and will also pay $12,000 in civil penalties, 75 percent of which will go to the State of California to better public health and the environment.  Should Eze-Lap accelerate their reformulation and provide certification by February 15, 2015 that all Eze-Lap diamond sharpeners sold in California are reformulated, Wozniak has agreed to waive a portion of the civil fine.

Please see more details at the case summary on our website: Wozniak v. Eze-Lap Diamond Products, Inc.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

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Wozniak v. Eze-Lap Diamond Products, Inc.

Submitted by mma on November 3, 2014
Date: 
October 9, 2014
Industry Categories: 
Hardware, Woodworking Power/Machine and Hand Tools
Featured: 
No

On October 9, 2014, the parties executed an out-of-court Settlement Agreement, which resolved the allegations that whistleblower Paul Wozniak made against settling party Eze-Lap Diamond Products, Inc. (“Eze-Lap”).  In this matter, Wozniak alleged that Eze-Lap sold metal diamond sharpeners containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

Case PDF: 
application/pdf icons-wozniakveze-lap-100914.pdf
Plaintiff: 
Wozniak
Defendant: 
Eze-Lap Diamond Products, Inc.
Type: 
Out-of-Court Settlement
Relief: 
Reformulation, Warnings
Monetary: 
$30,000 – $39,000
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
Cross-Post On: 
None

Leeman v. Trademark Games, Inc.

Submitted by mma on November 3, 2014
Date: 
October 14, 2014
Industry Categories: 
Furniture, Home Decorative, and Household Products
Featured: 
No

The parties involved in the case Leeman v. Trademark Games, Inc. executed a Consent Judgment on October 14, 2014.  In this matter, citizen enforcer Dr. Whitney Leeman alleged that Trademark Games, Inc. (“Trademark Games”) sold stools with vinyl/PVC upholstery containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings.  

Case PDF: 
application/pdf icons-leemanvtrademarkgames-10142014.pdf
Plaintiff: 
Leeman
Defendant: 
Trademark Games, Inc.
Type: 
Consent Judgment
Relief: 
Reformulation, Warnings
Monetary: 
$40,000 - $49,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
Cross-Post On: 
None

Leeman Files Complaint Against Newegg Re: DEHP in Headset Cords

Submitted by mma on October 29, 2014
October 29, 2014
Image: 

Our client Dr. Whitney R. Leeman has filed a complaint in San Francisco County Superior Court against Newegg Inc., Magnell Associate, Inc., and Rosewill Inc. alleging a Proposition 65 violation.  The companies allegedly sold headsets with vinyl/PVC cords containing di(2-ethylhexyl)phthalate (DEHP), in California, without a health hazard warning.  DEHP is a chemical known to the State of California to cause birth defects and/or other reproductive harm, and companies selling products in California that contain DEHP must provide consumers with a “clear and reasonable” health hazard warning.

Dr. Leeman seeks an injunction to mandate that Newegg et al. recall all products currently in the supply chain without a Proposition 65 warning, and also to prevent the companies from selling headsets with vinyl/PVC cords in California without the warning.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

PDFs: 
application/pdf iconc-leemanvnewegg-102314.pdf
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TCG Clients Serve 19 New 60-Day Notices of Prop 65 Violation

Submitted by mma on October 27, 2014
October 27, 2014
Image: 

Clients Dr. Anthony Held, Mark Moorberg, Laurence Vinocur, and Paul Wozniak served 19 new 60-Day Notices of Proposition 65 Violation on Friday to companies offering products such as glass bottles, sunscreen, and camping tents in California that contain chemicals known to cause cancer and reproductive harm, without the required health hazard warning. These citizen enforcers allege that the companies' products contain the phthalate DEHP, the heavy metal lead, the flame retardant TDCPP, and the chemical benzophenone.  DEHP and lead are known to cause birth defects and reproductive harm, while TDCPP and benzophenone are known to cause cancer. Some of the noticed companies include 99 Cents Only Stores, Bath & Body Works, and Sears.

See below for a partial list of Notices.

Product Chemical Alleged Violator Citizen Enforcer
Glass Bottles with Exterior Designs Lead 99 Cents Only Stores LLC Paul Wozniak
Hearing Protection with Vinyl/PVC Components DEHP Alliant Techsystems Operations LLC Laurence Vinocur
Vinyl/PVC Toilet Seats DEHP Ginsey Industries, Inc. Laurence Vinocur
Safety Armbands with Vinyl/PVC Components DEHP Implus Footcare, LLC Laurence Vinocur
Greeting Cards with Vinyl/PVC Components DEHP International Greetings USA, Inc. Laurence Vinocur
Tent/Shelter Fabrics TDCPP Jarden Corporation; Marmot Mountain, LLC; Dick’s Sporting Goods, Inc. Laurence Vinocur
Day Creams with Sunscreen Benzophenone L Brands, Inc.; Bath & Body Works, LLC Anthony E. Held
Paint Roller Grips DEHP Linzer Products Corp. Laurence Vinocur
Tent/Shelter Fabrics TDCPP Melissa & Doug, LLC; Toys “R” Us, Inc. Laurence Vinocur
Vinyl/PVC Cord Protectors DEHP Mono-Systems, Inc. Laurence Vinocur
Vinyl/PVC Tape DEHP PD Liquidation, Inc. Laurence Vinocur
Tent/Shelter Fabrics TDCPP Sears Holdings Corporation; Kmart Corporation Laurence Vinocur
Hearing Protection with Vinyl/PVC Ear Cushions DEHP Stihl Incorporated Laurence Vinocur

See our most recent 60-Day Notices

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Held Settles With Kinco Re: DEHP in Gloves

Submitted by mma on October 24, 2014
October 24, 2014
Image: 

TCG client Anthony Held, Ph.D, P.E., has negotiated a settlement with Kinco, LLC dba Kinco International in regards to vinyl/PVC gloves containing di(2-ethylhexyl)phthalate (DEHP) that were allegedly sold in California without the requisite health hazard warnings.  DEHP is a chemical known to the State of California to cause birth defects and other reproductive harm, and under Proposition 65 law, companies offering products for sale containing DEHP must provide consumers with a “clear and reasonable” warning.

As part of the settlement agreement, Kinco will pay $10,000 in civil penalties, 75 percent of which go to the State of California for public health and the environment.  Kinco has also agreed not to sell any vinyl/PVC gloves in California unless the gloves have been reformulated to be virtually free of DEHP.  Should Kinco provide certification to The Chanler Group by November 15, 2014 that all their vinyl/PVC gloves sold in California qualify as reformulated, Held has agreed to waive a portion of the civil fine.

For more details, please see the settlement and case summary on our website: Held v. Kinco, LLC.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.

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Leeman Settles With LorAnn Oils Re: 4-MEI in Food Extracts

Submitted by mma on October 22, 2014
October 22, 2014
Image: 

TCG Client Whitney Leeman, Ph.D, has reached a settlement agreement with LorAnn Oils, Inc. in regards to food extracts, flavors, and colorings containing concentrations of 4-Methylimidazole (4-MEI) allegedly sold in California without the requisite health hazard warnings.  4-MEI is a chemical known to the State of California to cause cancer, and companies selling products that contain 4-MEI must provide consumers with a “clear and reasonable” warning.

In addition to paying $2,400 in civil penalties, LorAnn Oils has agreed to only manufacture, import, or order for sale in the State of California only products reformulated to be virtually free of 4-MEI.

For more details, please see the case summary on our website: Leeman v. LorAnn Oils, Inc.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years

Cross-Post On: 
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Held v. Kinco, LLC

Submitted by chirst on October 21, 2014
Date: 
October 21, 2014
Industry Categories: 
Apparel & Fashion Accessories
Furniture, Home Decorative, and Household Products
Featured: 
No

The parties involved in the enforcement action Held v. Kindler, Inc., et al. executed an agreement on October 21, 2014.  In this matter, citizen enforcer Anthony E. Held, Ph.D., P.E., alleged that the defendant Kinco, LLC dba Kinco International (“Kinco”) sold vinyl/PVC gloves containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings. 

Case PDF: 
application/pdf iconkinco_ros.pdf
Plaintiff: 
Anthony Held, Ph.D., P.E.
Defendant: 
Kinco, LLC
Type: 
Consent Judgment
Relief: 
Reformulation, Warnings
Monetary: 
$40,000-$49,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
Cross-Post On: 
None

Vinocur v. Fairfield Processing Corp.

Submitted by chirst on October 20, 2014
Date: 
October 15, 2014
Industry Categories: 
Furniture, Home Decorative, and Household Products
Featured: 
No

Whistleblower Laurence Vinocur resolved his allegations against defendant Fairfield Processing Corporation (“Fairfield”) and retailer Michaels Stores, Inc. in the matter of Vinocur v. Ace Bayou Corp., et al., when the parties executed a Consent Judgment on October 15, 2014.  In this enforcement action, Vinocur alleged that Fairfield sold foam cushioned products containing the flame retardant tris(1,3-dichloro-2-propyl) phosphate (“TDCPP”) in the State of California without providing the requisite health hazard warnings. 

Case PDF: 
application/pdf iconace_bayou_fairfield_ros.pdf
Plaintiff: 
Laurence Vinocur
Defendant: 
Fairfield Processing Corporation
Type: 
Consent Judgment
Relief: 
Reformulation, Vendor Notification, Warnings
Monetary: 
$110,000 - $119,999
Monetary Relief: 
Civil Penalties
Used By: 
Adults/Children
Cross-Post On: 
None
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